Category Archives: Experts and Opinions

Divisional Court Clarifies Expert Witness Rule

January 15, 2014. I understand that leave to appeal this decision has been granted. In Westerhof v. Gee (Estate), 2013 ONSC 2093 (CanLII), the Divisional Court (Matlow, Aston & Lederer JJ.) has addressed an area of the law that has … Continue reading

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Rule 53.03 Applies Only To “Litigation Experts”

In Continental v. J.J.’s Hospitality, 2012 ONSC 1751 (CanLII), Mr. Justice Edward J. Koke has provided the latest judicial interpretation of Rule 53.03, which deals with the evidence of expert witnesses. He held that that rule only applies to “litigation experts”, … Continue reading

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Brown J. Discusses Waiver of Privilege

In Ebrahim v. Continental Precious Minerals, 2012 ONSC 1123 (CanLII), Mr. Justice David M. Brown undertook a fairly comprehensive analysis of the circumstances in which both lawyer-client privilege and litigation privilege will be found to have been waived. The discussion arose … Continue reading

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Opinion Evidence: Is There An “Ordinary Work” Exception That Makes It Admissible Although R. 53.03 Requirements Not Met?

UPDATE: These three decisions are now available on CanLII, here, here and here. Two days ago, Bruce Mitchell of Windsor sent along some interesting decisions of Madam Justice Darla Wilson, all rendered last month in a case that is now … Continue reading

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Plaintiff’s Family Doctor Permitted To Testify As Standard of Care Expert In Medical Malpractice Case

The debate continues as to whether family physicians may testify as experts or only as fact witnesses. In this case, the issue arose with a bit of a twist: the court opened the door for the plaintiff’s family doctor to … Continue reading

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Rules 4.01 and 53.03 Held Not To Apply To Experts Retained by Non-parties

Madam Justice Helen MacLeod-Beliveau has released a decision that might have very significant implications for civil litigation. Although the action involved a personal injury claim, its implications extend to expert witnesses in any civil lawsuit. In McNeill v. Filthaut, 2011 ONSC … Continue reading

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